IN a historic and unprecedented move, President John Dramani Mahama of Ghana has suspended the country’s Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, with immediate effect, pending the outcome of a formal inquiry into multiple petitions filed against her. This marks the first time in Ghana’s constitutional era that a sitting Chief Justice has been suspended and subjected to a formal investigation through the prescribed constitutional process.
The suspension follows the receipt of three separate petitions alleging misconduct by Chief Justice Torkornoo, including accusations of tampering with court records and misuse of public funds. After consulting the Council of State, President Mahama determined that a prima facie case had been established, triggering the next phase of the constitutional removal process as outlined in Article 146 of Ghana’s 1992 Constitution.
Under Article 146(6), when a petition for the removal of the Chief Justice is received, the president – acting in consultation with the Council of State – must appoint a committee to investigate the allegations. Accordingly, President Mahama has established a five-member committee, chaired by Supreme Court Justice Gabriel Pwamang and including former Auditor-General Daniel Domelevo, to inquire into the petitions.
Justice Torkornoo, Ghana’s 15th Chief Justice and the third woman to hold the position, was nominated by former President Nana Akufo-Addo and sworn in on June 12, 2023. She previously survived a removal attempt earlier in the year when President Akufo-Addo dismissed a petition against her, citing deficiencies in the submission. The current petitions, however, have met the constitutional threshold for further inquiry.
The suspension has sparked significant debate within Ghana’s legal and political communities. Some observers warn that the move could undermine the independence of the judiciary and set a troubling precedent if perceived as politically motivated. Others argue that the president is acting within his constitutional mandate to uphold accountability at the highest levels of government.
The investigative committee will now review the evidence and determine whether the allegations against Chief Justice Torkornoo are substantiated. If the committee finds against her, its recommendations could lead to her impeachment and permanent removal from office. Until the inquiry concludes, Justice Torkornoo remains suspended from her duties.
This episode underscores both the robustness and the fragility of Ghana’s democratic institutions, as the nation navigates the delicate balance between executive oversight and judicial independence in the face of serious allegations.
